Page:Federal Reporter, 1st Series, Volume 10.djvu/450

 4:38 FEDBBAIi REPORTER. �Company, and iregranted to the complainant company "all lands and rights to lands, whether in severalty, jointly, or in eommon, and including all lands, or rights to lands, or any interest tfaerein, or claims thereto, whether certified or not, embraced within the over- lapping or conflicting limits of the two grants, or roads made and deseribed by the act of congress," and on the thirtieth of November, 1878, the governor of lowa certified to the secretary of the interior the completion, by the complainant, of the road from Algona to Shel- don, the point of intersection in O'Brien county, in accordance with the granting aets, state and national. This made a complete lineof con- structed road between the termini fixed in the granting act. �In May, 1868, the commissioner of the general land-office, by let- ter to the governor of lowa, required that the McGregor road should file a map showing the true line of the location through Clay and O'Brien countiea to the "true point of intersection." This was in consequence of the fact that the line of the rival road was so located as barely to touch O'Brien county near the north-west corner, �The line of the McGregor road was accordingly relocated from the east line of Clay county, as shown by the map herewith filed, to the point of intersecLion at Sheldon, and maps of the same were certified and approved by the governor of lowa and filed in the general land- office of the United States,. �In.March, 1869, Eussell Sage, president of the McGregor & Sioux City road, wrote to the secretary of the interior requesting permission to change the location of the line from range 27 (Algona, Kossuth county) westerly, but the secretary refused permission to do so, and replied that "after a road had been definitely located, the map thereof filed and accepted, and the lands withdrawn, no specifie authority ia given whereby the department can accept another location, �The secretary of the interior approved list No. 1 of lands for the Mc- Gregor Company, for 133,459 acres, on account of road constructed to Mason City. A portion of these lands were situated as far west as 33 degrees. �The governor of lowa, on the eleventh day of February, 1873, cer- tified that the Sioux City & St. Paul Company had constructed its road, eommencing at the south line of the state of Minnesota, and ending at Le Mars, a distance of 56^ miles, and the secretary of the interior patented the overlapping or conflicting lands to the state for the benefit of the defendant company. �In December, 1877, the governor and register of the state land- office, in pursuance of an act of the legislature requiring the same to ��� �